Bil Browning

Indiana: Marrying your kissing cousin

Filed By Bil Browning | January 08, 2010 10:30 AM | comments

Filed in: Living, Marriage Equality

Jerame posted a cool graphic last week that compared states where you can get married to your same-sex partner kissing-cousins.jpgvs where you can marry your first cousin. Indiana has a ban on same-sex marriage, but you can have an incestuous relationship legally - if you're old enough.

Friend of the blog, Chris Worden, sends over the legalese on Indiana's law:

Indiana Code 31-11-1-2

Marriage to close relative prohibited; marriages between cousins; exceptions
Sec. 2. Two (2) individuals may not marry each other if the individuals are more closely related than second cousins. However, two (2) individuals may marry each other if the individuals are:
(1) first cousins; and
(2) both at least sixty-five (65) years of age.

As added by P.L.1-1997, SEC.3.

So - according to the state the purpose of marriage is for procreation and, hence, same-sex marriage should be outlawed (as if no gays or lesbians have kids!). Childless couples, the elderly, and kissing cousins (as long as their elderly!) are perfectly fine - even without bearing children. Is that marriage equality?

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Don Sherfick Don Sherfick | January 9, 2010 7:34 PM

Since the Indiana General Assembly NEVER passes laws that make no sense, the requirement that BOTH first cousins be 65 can't have anything to do with procreation, or in this case, the inability to procreate. If that were the case, the law would say that the woman had to be over 65 but the man could be any any age over the minimum specified elsewhere.

So the 65 requirement must have something to do with Medicare eligibility. Except I don't tink Medicare pays for Viagra.


Don, Medicare might not pay for Viagra (you mean you still haven't heard back from them? Tee-hee!) ... but I have heard that the VA does. In California I heard about instances where the VA was gladly handing out Viagra to some vets, whether married or not ... but not to the ones that are known to be gay and HIV+ ... our tax dollars at work!

Don Sherfick Don Sherfick | January 10, 2010 2:40 PM

A.J.: what does all of this have to do with the main topic of the thread, which is with first cousin relationships? Please try to stay on topic.

(yes, still been over four hours now)

I recently used this example in a court matter...Cousin marriage is more accepted than same sex marriage...legally...yet an open gay couple are still this day...looked at like they have completely gone against human nature. It may be impossible to explain my thoughts on this ...but I teach my 3 daughters that diversity is an amazing thing and nothing to be ashamed of. Love is's rare to find another person that will give you a mirror image of the love you hold for them, so do not judge the gender,race or relationship...where does all of this fit in?...well, I am married to my first cousin..legally, we had no troubles at all. A visit to the doctor..snip snip..and no children in our future, as I had 3 daughters from a previous relationship. Age was not an issue, only the fact that we could not have children together ( an entirely different story, the laws are so outdated and behind technology and study) matter. We were glad to do it. I am pro- same sex marriage...and I have always had a diverse base of friendships....what more can I say??